On December 19, 2025, the U.S. Department of Health and Human Services (HHS) proposed changes to its rules under Section 504 of the Rehabilitation Act of 1973, the federal law that bans disability discrimination in programs that receive federal funds, including schools. The proposed rule would clarify that “disability” does not include “gender dysphoria not resulting from physical impairments.” This would clear up confusion created by a non-binding statement in a 2024 HHS rule under Biden, which suggested gender dysphoria might count as a protected disability. The change also better matches the original 1990 language of the Americans with Disabilities Act (ADA), which Section 504 relies on.
On January 20, 2026, Defending Education (DE) submitted a comment supporting the proposed rule. DE argues that without clear rules, schools could extend disability protections beyond what Congress intended. That would stretch thin the resources open to students with major physical or mental impairments, and interfere with their access to an equal education.
DE urges HHS to finalize the rule.
Read the full comment below:
